Welcome to
Wasserman Medical Publishers,
Ltd. website. The terms and conditions stated
below, identify what users of the Wasserman Medical Publishers, Ltd.
Site (each
a "User") can expect from Wasserman Medical Publishers, Ltd.,
Wasserman Medical Publishers, Ltd. Providers (as defined below) and the
Wasserman Medical Publishers, Ltd. Site and what we expect from Users.
By
visiting any area on the Wasserman Medical Publishers, Ltd. Site or
making a
purchase via the Wasserman Medical Publishers, Ltd. Site, a User is
deemed to
have accepted the Conditions of use.
ONLINE CONDUCT
User agrees to use the Wasserman Medical Publishers, Ltd. Site only for
lawful
purposes. User is prohibited from posting on or transmitting through
the
Wasserman Medical Publishers, Ltd. Site any unlawful, harmful,
threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit,
profane,
hateful, racially, ethnically, or otherwise objectionable material of
any kind,
including but not limited to any material that encourages conduct that
would
constitute a criminal offense, give rise to civil liability, or
otherwise
violate any applicable local, state, national, or international law.
If Wasserman Medical Publishers, Ltd. is notified of any book,
information,
data, software, photographs, graphs, videos, typefaces, graphics,
music,
sounds, and other material on the Wasserman Medical Publishers, Ltd.
Site
(collectively "Content") provided by User (e.g., through an
author chat or online review) that is allegedly infringing, defamatory,
damaging, illegal, or offensive, Wasserman Medical Publishers, Ltd. may
investigate the allegation and determine in its sole discretion whether
to
remove or request the removal of such Content from the Wasserman
Medical Publishers,
Ltd. Site. Wasserman Medical Publishers, Ltd. may disclose any Content
or
electronic communication of any kind (i) to satisfy any law,
regulation, or
government request; (ii) if such disclosure is necessary or appropriate
to
operate the Wasserman Medical Publishers, Ltd. Site; or (iii) to
protect the
rights or property of Wasserman Medical Publishers, Ltd. and its
officers,
directors, employees, agents, third-party content providers, merchants,
sponsors, and licensors (collectively, "Wasserman Medical
Publishers,
Ltd. Providers") and any other User.
Wasserman Medical Publishers, Ltd. reserves the right to prohibit or
restrict
conduct, communication, or Content that Wasserman Medical Publishers,
Ltd.
deems in its sole discretion to be harmful to Users, Wasserman Medical
Publishers, Ltd., Wasserman Medical Publishers, Ltd. affiliates, the
Wasserman
Medical Publishers, Ltd. Site, the communities that make up the
Wasserman
Medical Publishers, Ltd. Site, or any third party, or to violate any
applicable
law. Notwithstanding the foregoing, no Wasserman Medical Publishers,
Ltd.
Provider can ensure prompt removal of questionable Content after online
posting. Accordingly, no Wasserman Medical Publishers, Ltd. Provider
shall
assume liability for any action or inaction with respect to conduct,
communication, or Content of any third party on the Wasserman Medical
Publishers, Ltd. Site.
LICENSES AND RESTRICTIONS
Wasserman Medical Publishers, Ltd. grants the User a limited,
nonexclusive,
revocable license to access and make personal, non-commercial use
(unless User
has a business relationship with Wasserman Medical Publishers, Ltd.) of
the
Wasserman Medical Publishers, Ltd. Site. Wasserman Medical Publishers,
Ltd.
further grants the User a limited, nonexclusive and revocable right to
create a
hyperlink to the home page of Wasserman Medical Publishers, Ltd. so
long as the
link does not portray Wasserman Medical Publishers, Ltd., its
affiliates, or
their respective products or services in a false, misleading,
derogatory, or
otherwise offensive matter.
The foregoing licenses do not include any rights to:
- modify, download (other
than page caching), reproduce, copy, or resell the Wasserman Medical
Publishers, Ltd. Site, the Content or any portion or derivative
thereof;
- commercially use the
Wasserman Medical Publishers, Ltd. Site, the Content or any portion
derivative thereof (unless User has a business relationship with
Wasserman Medical Publishers, Ltd.);
- copy or download any
User's account information for the benefit of any third party;
- enable high volume,
automated, electronic processes that apply to the Wasserman Medical
Publishers, Ltd. Site or its systems;
- use any robot, spider,
data miner, scraper or other automated means to access the Wasserman
Medical Publishers, Ltd. Site or its systems for any purpose;
- interfere or attempt to
interfere with the proper working of the Wasserman Medical Publishers,
Ltd. Site;
- bypass any Wasserman
Medical Publishers, Ltd. measures used to prevent or restrict access to
any portion of the Wasserman Medical Publishers, Ltd. Site;
- frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of Wasserman
Medical Publishers, Ltd.;
- use Wasserman Medical
Publishers, Ltd. name, trademarks, services marks or logos in any meta
tags or any other "hidden text" utilizing s; or
- compile, repackage,
disseminate or otherwise use data extracted from the Wasserman Medical
Publishers, Ltd. Site.
The foregoing
are expressly prohibited; the right
to do any of the foregoing shall require Wasserman Medical Publishers,
Ltd.'s
express written consent (which may include a written agreement signed
by an
authorized representative of Wasserman Medical Publishers, Ltd.). Any
unauthorized use of the Wasserman Medical Publishers, Ltd. Site, the
Content or
any portion or derivative thereof shall terminate any license or
permission
granted by Wasserman Medical Publishers, Ltd..
CONTENT
Proprietary Rights
User acknowledges that the Wasserman Medical Publishers, Ltd. Site
contains
Content that are protected by copyrights, trademarks, trade secrets, or
other
proprietary rights, and that these rights are valid and protected in
all forms,
media and technologies existing now or hereinafter developed. All
Content is
copyrighted as a collective work under the U.S. copyright laws, and
Wasserman
Medical Publishers, Ltd. owns a copyright in the selection,
coordination,
arrangement, and enhancement of such Content. User may not modify,
remove,
delete, augment, add to, publish, transmit, participate in the transfer
or sale
of, create derivative works from, or in any way exploit any of the
Content, in
whole or in part. If no specific restrictions are displayed, Users may
make
copies of select portions of the Content, provided that the copies are
made
only for User's personal use and that User maintains any notices
contained in
the Content, such as all copyright notices, trademark legends, or other
proprietary rights notices. Except as provided in the preceding
sentence or as
permitted by the fair use privilege under the U.S. copyright laws (see,
e.g.,
17 U.S.C. Section 107), User may not upload, post, reproduce, or
distribute in
any way Content protected by copyright, or other proprietary right,
without
obtaining permission of the owner of the copyright or other propriety
right. In
addition to the foregoing, use of any software Content shall be
governed by the
software license agreement accompanying such software.
Submission of Third-Party Content
Except as set forth in the paragraph headed "Proprietary Rights"
above, User may upload to or otherwise submit to Wasserman Medical
Publishers,
Ltd. for distribution on the Wasserman Medical Publishers, Ltd. Site
only (i)
Content that is not subject to any copyright or other proprietary
rights
restrictions; (ii) Content in which the owner or licensor has given
express
authorization for Wasserman Medical Publishers, Ltd. to distribute over
the
Internet; or (iii) Content that does not contain any viruses, scripts,
Trojan
horses, worms, time bombs, cancelbots, easter eggs or other computer
programming routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information ("Harmful Content"). Any copyrighted or other
proprietary Content distributed with the consent of a copyright owner
should
contain a phrase such as "Copyright, owned by [name of owner]; used by
permission." Wasserman Medical Publishers, Ltd. is entitled to presume
that all submitted Content conforms with the foregoing requirements.
The
unauthorized submission of copyrighted or other proprietary Content is
illegal
and could subject the User to personal liability for damages in a civil
suit as
well as criminal prosecution. User will be liable for any damage
resulting from
any infringement of copyrights or proprietary rights, or from any other
harm
arising from an unauthorized submission or submission of Harmful
Content. No
Wasserman Medical Publishers, Ltd. Provider will assume any liability
for any
damage resulting from any infringement of copyrights or proprietary
rights, or
from any other harm arising from any User submission including without
limitation submission of Harmful Content. In accordance with the
Digital Millennium
Copyright Act, any User or other person can report an infringement to
Wasserman
Medical Publishers, Ltd. at corrections@ndas.com By
submitting Content
to any
User-submit areas, including, without limitation, any User book reviews
or
participation in any author chats, User automatically grants, or
represents and
warrants that the owner or authorized licensor of such Content has
expressly
granted Wasserman Medical Publishers, Ltd., the royalty-free,
perpetual,
irrevocable, right and license to use, reproduce, publish, translate,
sublicense, copy, and distribute the Content in whole or in part
worldwide
and/or to incorporate such Content in other works in any form, media,
or
technology now known or hereafter developed for the full term of any
copyright
that may exist in such Content. Subject to this grant, the licensor of
Content
submitted to Wasserman Medical Publishers, Ltd. retains any and all
rights
which may exist in such Content.
Third-Party Content
Wasserman Medical Publishers, Ltd. is a distributor and not a publisher
of
Content supplied by third parties and Users. Wasserman Medical
Publishers, Ltd.
has no more editorial control over such Content than does a public
library or
newsstand in the United States. Any opinions, advice, statements,
services,
offers, or other information that constitutes part of Content expressed
or made
available by third parties, including any other User, are those of the
respective authors or distributors and not of Wasserman Medical
Publishers,
Ltd. or any Wasserman Medical Publishers, Ltd. Provider, unless
expressly
stated otherwise. Neither Wasserman Medical Publishers, Ltd. nor any
Wasserman
Medical Publishers, Ltd. Provider makes any representation, warranty or
guarantee on the accuracy, completeness, or usefulness of any third
party
Content unless otherwise expressly stated. In many instances, the
Content
available through the Wasserman Medical Publishers, Ltd. Site
represents the
opinions and judgments of the third party that provides such Content.
Under no
circumstance shall either Wasserman Medical Publishers, Ltd. or any
Wasserman
Medical Publishers, Ltd. Provider be liable for any loss, damage or
harm caused
by a User's reliance on information obtained through the Wasserman
Medical
Publishers, Ltd. Site. It is the responsibility of User to evaluate the
accuracy, completeness or usefulness of the information, opinion,
advice, or
Content available through the Wasserman Medical Publishers, Ltd. Site.
EXPORT
The U.S. export control laws regulate the export and reexport of
technology
originating in the United States. This includes the electronic
transmission of
information and software to foreign countries and to certain foreign
nationals.
User agrees to abide by these laws and their regulations -- including
but not
limited to the Export Administration Act and the Arms Export Control
Act -- and
not to transfer, by electronic transmission or otherwise, any Content
derived
from the Wasserman Medical Publishers, Ltd. Site to either a foreign
national
or a foreign destination in violation of such laws and regulations.
PRICES
The price for an item on the Wasserman Medical Publishers, Ltd. Site
may differ
from the price shown in a User's shopping cart -- it is possible that
such
price may increase or decrease between the time the item is placed in a
shopping cart and the time that the purchase is actually made. On rare
occasions, an item may be priced incorrectly on the Wasserman Medical
Publishers, Ltd. Site. If the price for the item on the Wasserman
Medical
Publishers, Ltd. Site is incorrect and is actually higher than the
price
provided at the time of purchase, then, at the sole discretion of
Wasserman
Medical Publishers, Ltd., Wasserman Medical Publishers, Ltd. may either
(i)
contact the User for instructions before shipping the item or charging
the User
for such item; (ii) cancel the order for such item and notify the User
of such
cancellation; or (iii) ship the item at the incorrect price to the
benefit of
the User.
Please note that this policy regarding prices applies only to items
sold and
shipped by Wasserman Medical Publishers, Ltd..
RISK OF LOSS
The risk of loss and title for all items purchased via the Wasserman
Medical
Publishers, Ltd. Site pass to the User upon delivery of the item to the
carrier.
PRODUCT DESCRIPTION
The items offeblack for sale on the Wasserman Medical Publishers, Ltd.
contain
descriptions that are provided directly by the publisher, manufacturer
or
distributor of such item. Wasserman Medical Publishers, Ltd. does not
represent
or warrant that the description of such items are accurate or complete.
IF A
USER PURCHASES AN ITEM FROM WASSERMAN MEDICAL PUBLISHERS, LTD. THAT IS
NOT IS
NOT AS DESCRIBED ON THE WASSERMAN MEDICAL PUBLISHERS, LTD. SITE, THE
USER'S
SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION
FOR A
REFUND OF THE PURCHASE PRICE.
TERMINATION OF USAGE
Wasserman Medical Publishers, Ltd. may issue a warning, temporarily
suspend,
indefinitely suspend or terminate any User's right to use or access all
or any
part of the Wasserman Medical Publishers, Ltd. Site including any
account
thereon, without notice, for any reason in Wasserman Medical
Publishers, Ltd.'s
sole discretion, including without limitation Wasserman Medical
Publishers,
Ltd.'s belief that such access would violate any applicable law or
would be
harmful to the interests of, or potentially cause financial loss or
legal
liability to, Wasserman Medical Publishers, Ltd., any Wasserman Medical
Publishers, Ltd. Provider or another User.
In cases which Wasserman Medical Publishers, Ltd. deems in its sole
discretion
to be egregious, Wasserman Medical Publishers, Ltd. may provide written
notice
(a "Restriction Notice") to a User (a "Restricted User")
to inform such Restricted User that (i) his or her right to use or
access any
part of the Wasserman Medical Publishers, Ltd. Site has been terminated
including the right use, access or create any account thereon; (ii)
that
Wasserman Medical Publishers, Ltd. refuses to provide any services to
such
Restricted User; and (iii) any subsequent dealings with Wasserman
Medical
Publishers, Ltd. will be subject to the following conditions:
- Orders placed by a
Restricted User ("Restricted Order") after the effective date
specified in the Restriction Notice (the "Restriction Effective Date")
shall be subject to cancellation.
- Wasserman Medical
Publishers, Ltd. will assess the Restricted User an administrative fee
(the "Administrative Fee") set forth in the Restriction Notice
for each Restricted Order submitted by the Restricted User after the
Restriction Effective Date, regardless of whether the Restricted Order
was fulfilled or cancelled. The Administrative Fee will equal an amount
not less than $10.00 and will reflect the costs of handling any
Restricted Order and of handling any personal or telephonic contact
made by the Restricted User after the Restriction Effective Date.
- Wasserman Medical
Publishers, Ltd. shall be entitled to (1) charge the Administrative Fee
against the payment method either used by the Restricted User to place
the Restricted Order or stoblack by the Restricted User in the
unauthorized account (e.g., cblackit card) or (2) seek a judgment against
the Restricted User for payment thereof.
- Other conditions may apply
and shall be set forth in the Restriction Notice.
User agrees that Wasserman Medical Publishers, Ltd. shall be entitled
to assess such Administrative Fee, to charge such payment method and to
seek such judgment.
INDEMNITY
User agrees to indemnify and hold each Wasserman Medical Publishers,
Ltd. Provider harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of such
User's breach of the Terms of Use or User's violation of any law or the
rights of a third party.
PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Wasserman Medical Publishers,
Ltd. Site is responsible for (i) keeping his or her account password
confidential and secublack, (ii) restricting access to such User's
computer; and (iii) keeping the e-mail address associated with that
account current (User acknowledges that it is important to keep the
e-mail address associated with his or her account current because
although the User may be able to log into his or her Wasserman Medical
Publishers, Ltd. account using an old e-mail address, such User will
not receive messages from Wasserman Medical Publishers, Ltd. about his
or her orders and inquiries or other matters).
User accepts full responsibility for all activities that occur within
such User's Wasserman Medical Publishers, Ltd. account.
NOTICES
User consents to receive electronic communications from Wasserman
Medical Publishers, Ltd., whether addressed to the e-mail address
associated with such User's Wasserman Medical Publishers, Ltd. account
or posted on the Wasserman Medical Publishers, Ltd. Site. User
acknowledges and agrees that any communication via e-mail or by
postings on this Wasserman Medical Publishers, Ltd. Site satisfies any
legal requirement that such communications be made in writing.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE WASSERMAN MEDICAL PUBLISHERS, LTD. SITE IS PROVIDED BY WASSERMAN
MEDICAL PUBLISHERS, LTD. ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH WASSERMAN MEDICAL
PUBLISHERS, LTD. PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO WASSERMAN MEDICAL PUBLISHERS, LTD.
PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED: (I) AS TO THE OPERATION OF THE WASSERMAN MEDICAL PUBLISHERS,
LTD. SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED
THEREON; (II) THAT THE WASSERMAN MEDICAL PUBLISHERS, LTD. SITE WILL BE
UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR
CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED
THROUGH THE WASSERMAN MEDICAL PUBLISHERS, LTD. SITE; OR (IV) THAT THE
WASSERMAN MEDICAL PUBLISHERS, LTD. SITE, ITS SERVERS, OR E-MAILS SENT
FROM OR ON BEHALF OF WASSERMAN MEDICAL PUBLISHERS, LTD. ARE FREE OF
VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
WASSERMAN MEDICAL PUBLISHERS, LTD. DOES NOT GUARANTEE THE CONTINUOUS,
UNINTERRUPTED OR SECURE ACCESS TO THE WASSERMAN MEDICAL PUBLISHERS,
LTD. SITE OR ANY RELATED SERVICES. THE OPERATION OF THE WASSERMAN
MEDICAL PUBLISHERS, LTD. SITE MAY BE INTERFEblack WITH BY NUMEROUS
FACTORS OUTSIDE THE CONTROL OF WASSERMAN MEDICAL PUBLISHERS, LTD..
UNDER NO CIRCUMSTANCES SHALL ANY WASSERMAN MEDICAL PUBLISHERS, LTD.
PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR
INABILITY TO USE THE WASSERMAN MEDICAL PUBLISHERS, LTD. SITE, INCLUDING
BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM
THE WASSERMAN MEDICAL PUBLISHERS, LTD. SITE OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS,
DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE
OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO
WASSERMAN MEDICAL PUBLISHERS, LTD.'S RECORDS, PROGRAMS, OR SERVICES.
USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL
CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WASSERMAN
MEDICAL PUBLISHERS, LTD. SITE.
NO WASSERMAN MEDICAL PUBLISHERS, LTD. PROVIDER WILL BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE
USE OF THE WASSERMAN MEDICAL PUBLISHERS, LTD. SITE OR THE PURCHASE OF
ANY PRODUCT THEREFROM, EVEN IF SUCH WASSERMAN MEDICAL PUBLISHERS, LTD.
PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE
ADDITIONAL RIGHTS.
SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If
for any reason any provision of these Terms of Use shall be held
invalid or unenforceable in whole or in part in any applicable
jurisdiction, such provision shall, as to such jurisdiction, be
ineffective to the extent of such invalidity or unenforceability
without in any manner affecting the validity or enforceability thereof
in any other jurisdiction or the remaining provisions hereof in any
jurisdiction.
APPLICABLE LAW; JURISDICTION
The Wasserman Medical Publishers, Ltd. Site is created and controlled
by Wasserman Medical Publishers, Ltd. in the State of Wisconsin. The
laws of the State of Wisconsin will govern the Terms of Use, without
giving effect to any principles of conflicts of laws.
Each of Wasserman Medical Publishers, Ltd. and User agrees to submit to
the nonexclusive personal jurisdiction of the courts located within the state of
Wisconsin and waives any objection to the laying of venue
of any litigation in said courts.
DISPUTE RESOLUTION
For any claim or controversy at law or equity that arises out of the
Terms of Use, the Wasserman Medical Publishers, Ltd. Site or any
Wasserman Medical Publishers, Ltd. service (each a "Claim")
where the total amount of the award sought is less than $10,000
(excluding Claims for injunctive or other equitable relief), User or
Wasserman Medical Publishers, Ltd. may elect to resolve the dispute
through binding arbitration conducted by telephone, on-line or based
solely upon written submissions where no in-person appearance is
requiblack. In such cases, the arbitration shall be administeblack by the
American Arbitration Association under its Commercial Arbitration Rules
(including without limitation the Supplementary Procedures for
Consumer-Related Disputes, if applicable), and judgment on the award
rendeblack by the arbitrator(s) may be enteblack in any court having
jurisdiction thereof.
Alternatively, any Claim (including Claims for injunctive or other
equitable relief) may be adjudicated by a court of competent
jurisdiction located in the state of Wisconsin or in the United
States where the defendant is located.
Any Claim shall be arbitrated or litigated, as the case may be, on an
individual basis and shall not be consolidated with any Claim of any
other party whether through class action proceedings, class arbitration
proceedings or otherwise.
ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents
the
entire understanding between User and Wasserman Medical Publishers,
Ltd.
regarding User's relationship with Wasserman Medical Publishers, Ltd.
and
supersedes any prior statements or representations. Headings used in
the Terms
of Use are for reference only and shall not affect the meaning of any
terms. By
visiting any area on the Wasserman Medical Publishers, Ltd. Site or
making a
purchase via the Wasserman Medical Publishers, Ltd. Site, a User is
deemed to
have accepted the Terms of Use.
MODIFICATION
Wasserman Medical Publishers, Ltd. reserves the right to make changes
to the
Wasserman Medical Publishers, Ltd. Site, posted policies and Terms of
Use at
any time without notice.
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